597 GMA Amend YMC ORDINANCE NO. 597
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, RELATING TO adoption of
development regulations pursuant to the Growth Management Act; Integration of Growth
Management Planning and Environmental Review.
Amendments to Title 14, Environment, include inserting a Chapter 14.04, General Provisions, which
refers to all applicable YMC chapters for an integrated project review process, adoption of RCW
43.21C, rules consistent with timelines established in ESHB 1724 for SEPA review and threshold
determination, and RCW 36.70A.172, that requires the best available science be used in the
designation and protection of critical areas.
Amending Title 15, Building and Construction, by inserting a new Chapter 15.49, Integrated Project
Review Process, standardizing permit/actions into four categories, provides a permit review process
timeline, consolidation of multiple applications for review and SEPA review, requires procedures for
Notice of Application and Notice of Decision.
Amending Title 16, Subdivisions, by inserting a new section to Chapter 16.04, to include a reference
to all applicable YMC chapters for an integrated project review process, amending Chapter 16.32,
Binding Site Plans, requiring a record of survey map and legal descriptions if said lots are to be sold
or transferred, extending the approval to five years as required in RCW 58.09 and providing a two
year vesting right for the right to hookup to sewer and water.
Amending Title 17, Zoning, to include a reference to all applicable YMC chapters for an integrated
project review process and amending Chapter 17.96, Variances, relocating the process for rezones
and comprehensive plan amendments to Chapter 15.49, Integrated Project Review Process.
THE CITY COUNCIL OF THE CITY OF YELM DOES HEREBY ORDAIN AS FOLLOWS:
CITY OF YELM
ORD. #597 Page 1
SECTION 1. Title 14, "Environment" of the Yelm Municipal Code shall be amended by inserting
the following as a new Chapter 14.03:
Chapter 14.03
GENERAL PROVISIONS
Sections:
14.03.010 Related Chapters
14.03.010 Related Chapters. For an integrated project review process, see: Title 15,
"Buildings & Construction" at 15.49; Title 16, "Subdivisions"; and Title 17, "Zoning"
SECTION 2. Chapter 14.04 of the Yelm Municipal Code shall be amended by inserting the
following as a new section:
Section 14.04.010(8). Adopt SEPA rules from RCW 43.21 C.
SECTION 3. Chapter 14.08 of the Yelm Municipal Code shall be amended by inserting the
following as a new section:
Section 14.08.010. The Washington State Legislature has, in RCW 36.70A.172, mandated
that best available science will be used in developing policies and regulations for the protection of
critical areas, and shall give special consideration to the conservation of anadromous fisheries.
SECTION 4. Title 15, "Building and Construction" of the Yelm Municipal Code shall be
amended by inserting the following as a new Chapter 15.49:
Chapter 15.49
Integrated Proiect Review Process
Sections:
15.49.010 General Provisions
15.49.040 Definitions
15.49.050 Application and Interpretation
15.49.060 Project Review to be Integrated with Environmental Review
15.49.070 Optional consolidated Project Review
15.49.100 Project Categorization
15.49.120 Determination of Completeness
15.49.130 Notice of Application
15.49.140 Notice of Final Decision
15.49.150 Amendments
15.49.160 Appeals of City's Land Use Decision
CITY OF YELM
ORD. #597
15.49.010 General Provisions. This chapter is enacted pursuant to the Washington State
Legislature requirements under ESHB 1724, and subsequent codifications into Chapters 36.70A,
36.708, 36.70C RCW, Chapter 43.21 C RCW, and RCW 58.17.100.
15.49.040 Definitions. The following terms as used in this chapter shall be given the
meaning set forth below except as the context clearly indicates otherwise and this chapter shall
be interpreted accordingly:
"Closed record appeal" means an administrative appeal on the record. A closed record
appeal may follow either an open record hearing or an open record administrative decision on a
project permit application when the appeal is on the record, and no or limited new evidence or
information is allowed to be submitted.
"Development Agreement" means an agreement between the City and a property owner
setting forth the applicable development standards and other provisions, including mitigation,
which vest the development, and which are consistent with the development regulations at the
time the agreement is entered into. Approval of a development agreement is obtained after a
public hearing.
"Development Regulation" includes building, zoning, critical areas, shoreline, and other
environmental and land use regulations.
"Open record administrative decision" is a decision made by City staff without public
notice and without a public hearing.
"Open record hearing" means a hearing that creates the record through testimony and
submission of information. An open record hearing held prior to a decision is an "open record
predecision hearing." An "open record appeal hearing" may be held for an appeal only if there
was no previous open record hearing or predecision hearing.
"Owner of Record" is the property owner, according to the Thurston County Assessor
records, of a subject property as of the date a project application is filed.
"Planned Action" is a designated planned action adopted by ordinance, for which
environmental impacts have already been adequately addressed in an EIS, is located within the
urban growth area, is not an essential public facility, and is consistent with the adopted
Comprehensive Plan and development regulations.
"Project permit" means any land use or environmental permit or license, including:
binding site plans, building permits, critical area approvals, subdivisions, master plans, planned
unit developments, shoreline substantial development permits, site plan review, and special
uses.
15.49.050 Application and Interpretation:
A. Application. This chapter describes how the City will concurrently process applications for
development subject to review under the following chapters of the Yelm Municipal Code:
(1) Title 14, Environment
(2) Title 16, Subdivisions
(3) Title 17, Zoning
B. Interpretation. The City's permit evaluator (depending upon the permit, this can be the
building inspector, environmental review officer, planning administrator, Planning Commission, or
City Council) shall review project applications as follows:
(1) For consistency with Yelm's Comprehensive Plan and development regulations. Any
proposed change to the Comprehensive Plan and/or development regulations connected
to or arising from the application request, shall be heard as a separate action, per YMC
15.49.150 "Amendments."
(2) To determine consistency, the following criteria is to be considered:
(a) the type of land use;
CITY OF YELM
ORD. #597
(b) density/level of development;
(c) infrastructure and public facilities needed; and
(d) development standards.
(3) The permit evaluator may determine that the City's development regulation or
environmental analysis requirements provide adequate mitigation for some or all of the
project's environmental impacts.
(4) Project review shall be used to identify specific project design and conditions relating to
mitigation.
(5) Decisions on permits shall be based upon the record established at the public hearing, if
one is held.
(6) The final approval authority (City Council) may at a public meeting consider and modify
the recommendation from below (Planning Commission and/or staff) without holding an
additional hearing.
15.49.060 Project Review to be Integrated with Environmental Review. Permit approvals
are to be combined with environmental review (under YMC Title 14) and shall adhere to the
permit/SEPA process as described in this chapter. Also see flow charts at Tables 3 and 4.
15.49.070 Optional Consolidated Project Review. As an option for the applicant, two or
more permits relating to the same project may be reviewed under a consolidated permit review
process, and shall adhere to the permit/SEPA process as described in this chapter. Also see
flow charts at Tables 2, 3 and 4. In order to qualify for the consolidated review process, all
applications relating to the same project must be submitted at the same time.
15.49.100 Project Categorization. Once an application is received, it shall follow the review
process as described below. See flow charts at Tables 2, 3 and 4. See matrix at Table 1. The
City shall categorize projects as follows:
.010(A) Type I (Ministerial) -SEPA exempt projects, that do not require public notice or
hearings. These projects are subject to clear and objective standards and may
require professional technical judgment.
.010(6) Type II - (Administrative) SEPA projects that do require public notice, but do not
require an open record predecision hearing. These projects are subject to
objective and subjective standards which may require discretion about
nontechnical issues and about which there may be limited public interest.
.010(C) Type III - (Quasi-Judicial) SEPA projects requiring public notice and an open
record predecision hearing and which allow for a closed record appeal. These
projects require substantial discretion and about which there may be broad public
interest.
.010(D) Type IV - (Legislative) Projects exempt from the 120-day time line of the Notice of
Final Decision, per RCW 36.706.090. Such projects entail the creation of new
policies, ordinances, and/or significant public input, and include Master Planned
Developments, essential public facilities, and amendments to the Comprehensive
Plan and development regulations. These are projects requiring SEPA public
notice and an open record predecision hearing which is subject to a closed record
appeal.
The following projects are excluded from review/notice under these rules: designations of local
landmarks, boundary line adjustments, street vacations, construction permits, and other projects
identified under RCW 36.706.140
CITY OF YELM
ORD. #597
15.49.120 Determination of Completeness. After receipt of an application, the City will mail
the applicant a Determination of Completeness, if complete. If the application is not complete,
the City shall send a letter stating the application is incomplete and what information is necessary
to complete the application.
.010 Criteria
The criteria for determining if an application is complete is if all of the information
requested in the application has been submitted. Additional information may
subsequently be submitted by the applicant and/or be requested by the City, but this does
not affect the initial Determination of Completeness, UNLESS the additional information
substantially amends the project. If the project is substantially amended, a new
Determination of Completeness will be sent, and the process described in this section is
repeated.
.020 Time Line
The Determination of Completeness or letter stating the application is incomplete shall be
sent within 28 days after receipt of an application. If the application is not complete and
additional information is sent by the applicant as requested by the City, the City then has
14 days to review the additional information and to notify the applicant that the application
is complete. If the City does not send the Determination of Completeness within the
specified time frames, the application is deemed to be complete.
.030 Noticing Method
The Determination of Completeness or letter stating the application is incomplete shall be
sent to the applicant (or applicant's designee if requested) by mail, return receipt
requested. If only minor information or clarification is needed, the City may contact the
applicant by telephone or in person, and then send the Determination of Completeness.
15.40.130 Notice of Application. A Notice of Application is sent by the City and is to notify
other city departments, state and other agencies, and the public of (1) a description of the
proposed project, including the dates of its application and Determination of Completeness; (2)
the date, time, place, and type of action for the project; (3) the method to comment upon and/or
appeal the project; (4) identification of other known permits needed; (5) identification of existing
environmental documents, and (6)(a) preliminary environmental determination, if applicable or (b)
a DS and scoping notice may be issued concurrently with Notice of Application.
.010 Criteria. A Notice of Application is required for projects undergoing SEPA review and
for other projects which have a public comment period and/or an open record
predecision hearing. The hearing on the project may combine all other local, state,
and federal hearings.
.020 Time Line.
(A) Notice of Application
A Notice of Application is distributed within 14 days after the Determination of
Completeness, and provides for a comment period of between 14-30 days
following the date of the Notice of Application.
(B) Permit RecommendationlSEPA Decision
Neither a recommendation to approve, deny, or condition the project, nor a DNS
or MDNS may be issued until after the expiration of the public comment period
shown on the Notice of Application. If the DNS/MDNS also requires public notice,
it shall be issued at least 15 days prior to the open record predecision hearing, if
applicable.
.030 Noticing Method. Distribution will be by delivery or mail to other city departments and
state or federal agencies having a connection with this project, and by mail to the
CITY OF YELM
ORD. #597
applicant, the applicant's representative, and property owners-of-record within 300
feet of the subject project's boundaries.
15.49.140 Notice of Final Decision. A Notice of Final Decision shall include the SEPA
determination, if applicable, and shall explain the procedure for an administrative appeal. It may
consist of (1) an administrative letter of approval for Type I permits or (2) permit approval and/or
decision at a hearing from Type II, III and IV permits. The Notice shall also state that affected
property owners may request a change in property tax valuation.
.010 Criteria. The Notice of Final Decision is not issued until all reviews on a project are
complete.
.020 Time Line.
(A) A Notice of Final Decision is to be issued within 120 days after notifying the
applicant that the application is complete. Subtracted from this 120-day period is
time taken (1) by the applicant to submit additional information, (2) the City's 14-
day review(s) of this additional information, (3) preparation of an EIS, (4)
administrative appeals so long as they do not exceed 90 days for an open record
hearing or 60 days for a closed record appeal, (5) any agreed-upon time
extensions.
(B) The 120-day limit does not apply to Type IV Projects as identified under YMC
15.49.109.010(D) and include: Comprehensive Plan and development regulation
amendments, fully-contained communities, master planned developments,
resorts, essential public facilities, and applications substantially revised by the
applicant.
(C) If the City cannot issue the Notice of Final Decision in the 120-day period, it shall
provide written notice to the applicant stating the reasons why and the estimated
date for issuance.
.030 Noticing Requirements. The Notice of Final Decision is sent by mail to the applicant,
the county tax assessor's office, and any person who requested notice or submitted
substantive comments on the application.
15.49.150 Amendments. Amendments relating to regulations for the Environment (Title 14),
Building and Construction (Title 15}, Subdivisions (Title 16), and Zoning (Title 17), to the extent
these regulations are governed by the Comprehensive Plan and Development Regulations, may
be processed as follows:
.010 Amendments to Comprehensive Plan, including rezones of Land Use Map)
(A) Time Line. Amendments to the Comprehensive Plan and rezones are authorized
only on a annual basis, except for an emergency if initiated by the City or
Thurston County (an emergency exists if delaying the amendment would cause
substantial public harm). The City staff shall, throughout the year, accept
applications for such amendments, but they will not be reviewed by the Planning
Commission until the 3rd Quarter of each year and not acted upon by the City
Council until after a public hearing is held during the 4th Quarter of each year. If
the requested amendments are approved, they will become effective January 1 of
the following year. Any amendment applications received after the last working
day in March will be held until the annual review time of the following year.
(B) Criteria. Amendments to the Comprehensive Plan, Zoning Map, and development
regulations may be granted so long as the applicant shows that the requested
amendment is consistent with the policies and intent of the Comprehensive Plan
and/or conditions have changed so as to warrant the requested amendment.
Adequacy and availability of public services and infrastructure, as well as
CITY OF YELM
ORD. #597
compatibility with adjacent existing and planned land uses, will be considered in
the criteria.
.020 Amendments to Development Regulations. Amendments to Yelm's development
regulations (permits and processes relating to building, environment -including
shoreline master plan amendments, subdivisions, and zoning -including site-specific
rezones) will, to the extent possible, be considered annually at the same time that
Comprehensive Plan amendments are reviewed, and will follow the process as
outlined in YMC 15.49.100 - .140.
15.49.160 Appeals of City's Land Use Decision:
.010 Administrative Appeal (e.g., "Closed Record Appeal Hearing") is an appeal of staffs
Final Decision and is heard by the City Council (includes Category I and II
administrative permits for building, subdivision, and zoning code decisions, and also
appeals of Determinations of Completeness, interpretation of consistency of project,
and categorization of project.) A Notice of Appeal shall be filed within 14 days of
Notice of Final Decision.
.020 Appeal of City Council's Final Decision (includes appeals of Category III and IV
decisions as well as Category I and II decisions which have been appealed to the City
Council). These appeals go to Superior Court and follow the judicial review process
set forth in RCW 36.70C.
.030 Appeal of SEPA Threshold Decision. Except as noted in (A) below, a SEPA appeal
shall be combined with the review of the underlying action.
(A) An appeal of a DS may occur before a Final Decision. The appeal shall be
submitted in writing within 14 days after the date the DS is issued. The
City Council shall decide the appeal based upon the written record at a
closed record appeal hearing.
(B) For projects requiring a public hearing, an appeal of a DNS/MDNS shall be
submitted in writing within 21 days after the date the DNS/MDNS is issued,
and shall be heard as an open record appeal at the same hearing at which
a final recommendation or decision on the underlying action will be made.
If no hearing is required, the DNS/MDNS appeal shall be submitted in
writing within 21 days after the date the DNS/MDNS is issued. The City
Council shall decide the appeal based upon the written record at a closed
record appeal hearing.
SECTION 5. Chapter 16.04 of the Yelm Municipal Code shall be amended by inserting the
following as a new section:
Section 16.04.045. Related Chapters. For an integrated project review process, see: Title
14, "Environment"; Title 15, "Buildings & Construction" at 15.49; and Title 17, "Zoning".
SECTION 6. Chapter 16.32 of the Yelm Municipal Code shall be amended by inserting the
following as a new section:
CITY OF YELM
ORD. #597
Section 16.32.065(G). Said lots shall not be sold or transferred unless the binding site plan
and a record of survey map, which is prepared in compliance with Chapter 58.09 RCW, and
which includes a legal description of each lot being created, is approved by the decision-maker
and filed for record in the county auditor's office. The binding site plan and all of its requirements
shall be legally enforceable on the purchaser or other person acquiring ownership of the lot,
parcel, or tract.
SECTION 7. Section 16.32.090 of the Yelm Municipal Code shall be amended to read as
follows:
Section 16.32.090. Duration of approval. Approval of a binding site plan shall be effective for
five years from the date of the approval. During this time the terms and conditions upon which
approval was given will not be changed without the approval of the commission. Upon application
by the owner, submitted at least thirty days prior to expiration, the commission may extend the
approval for a period of up to one year so long as the property is actually under development,
which shall include such factors as listing for sale and construction of infrastructure which
evidences an intent to continue the project.(Ord.436 (part), 1992).
SECTION 8. Section 16.32.155 of the Yelm Municipal Code shall be amended to read as
follows:
Section 16.32.155. Effect of approval. A lot created through the binding site plan process
shall be governed by the terms of approval of the final plan for a period not less than five years.
Approved lots in a binding site plan shall be a valid land use notwithstanding any change in
zoning for a period of five years from the date of recording the final binding site plan. A final plan
shall vest the lots within such plan with a right to hookup to sewer and water for a period of two
years after the date of approval of the final plan as provided for under City Resolution No. 351.
Thereafter, hookup to sewer and water shall be on a first-come, first-served basis as measured
by the date of application for building permits, and subject to adequate capacity being available in
the system. (Ord. 555 §13 (part), 1995).
SECTION 9. Chapter 17.03 of the Yelm Municipal Code shall be amended by inserting the
following as a new section:
Section 17.03.45. Related Chapters. For an integrated project review process, see: Title 14,
"Environment"; Title 15, "Buildings & Construction" at 15.49; and Title 16, "Subdivisions".
SECTION 10. Chapter 17.96 of the Yelm Municipal Code shall be amended to read as follows:
Chapter 17.96
VARIANCES
Sections:
17.96.010 Generally
17.96.020 Initiation of variances
17.96.023 Variances--when granted
17.96.025 Variances--front, side and rear yard setbacks
CITY OF YELM
ORD. #597
17.96.030 Application forms
17.96.040 Public hearings
17.96.050 Notice of hearing
17.96.060 Consideration by City Council
17.96.070 Action by City Council
17.96.080 Appeal of City Council's Final Decision
17.96.010 Generally. Whenever public necessity, convenience or general welfare requires,
the provisions of this title may be amended.
17.96.020 Initiation of variances. Variances may be initiated through a verified application of
one or more owners of property which is proposed for a variance filed with the planning
department.
17.96.023 Variances--when granted. If because of special circumstances applicable to the
subject property due to size, shape, topography, location or surroundings, and if the strict
application of this title is found to deprive subject property of rights and privileges enjoyed by
other properties in the vicinity and under identical zone classification, the approval authority may
grant a variance in accordance with the provisions for variances in Chapter 17.96 of the Yelm
Municipal Code.
17.96.025 Variances--front, side and rear yard setbacks. The SPRC may grant a variance of
up to fifteen percent from the front, side and rear setback requirements in all zones. Any variance
from such front, side and rear setback requirements that exceeds 15% shall be considered by
the planning commission after the planning commission has provided notice and a public hearing
as if such variance were a special use permit as provided in Chapter 17.66. This does not
preclude other variances from being considered as provided in Section 17.96.023.
17.96.030 Application forms. The planning department shall prescribe the forms to be used
for variances. The planning department may prepare and provide blanks for such purposes and
prescribe the type of information to be provided. No application shall be accepted unless it
complies with such requirements.
17.96.040 Public hearings. At least one public hearing on any such proposed variance shall
be held by the planning commission.
17.96.050 Notice of hearing. Notice of public hearings for such proposals shall be published
in a newspaper of general circulation in the city and by written notice, addressed through the
United States mail, to all property owners as recorded in the Thurston County assessor's office,
within three hundred feet of the subject property, at least ten days prior to the hearing. In
addition, at least ten days prior to the hearing, notice of said hearing shall be posted in the
following places: on the property; at a public street intersection near the property; and at city hall.
17.96.060 Consideration by City Council. The planning commission's recommendation shall
be presented for city council consideration no longer than twenty working days from the date a
decision constituting a recommendation is rendered.
17.96.070 Action by City Council. The City Council may accept, modify or reject the planning
commission's recommendation and findings or conclusions therein, or may remand the decision
to the Planning Commission for further hearing. A decision by the City Council to modify, reject or
remand shall be supported by findings and conclusions.
17.96.080 Appeal of City Council's Final Decision. These appeals go to the Superior Court
and follow the judicial review process set forth in RCW 36.70C.
SECTION 11. Severability. If any provisions of this ordinance or its application to any person or
circumstance is held invalid, the remainder of the ordinance or the application of the provisions to
other persons or circumstances is not affect.
CITY OF YELM
ORD. #597
SECTION 12. Effective Date. This ordinance shall be in full force and effect five days following
passage, approval and publication.
Adopted this 12th day of February, 1997.
f
Martha Parsons, Mayor Pro-Tem
ATTEST:
J
~~'n11c
Agne P. Bennick, City Clerk/Treasurer
PASSED and APPROVED: February 12, 1997
PUBLISHED: February 20, 1997
CITY OF YELM
ORD. #597
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